Calculated and conscious attitudes

During these nearly 24 long years, the actions of the Italian oil giant Eni were intentionally malicious, cruel, and unjust, always aimed at causing me harm and suffering. These actions reflect a complete lack of empathy and reveal a degradation of ethical standards. In a calculated and deliberate manner, Eni acted with the purpose of harming me, completely disregarding the values of respect, integrity, and justice, as well as its corporate commitments, including its Code of Ethics, and international commitments "accepted" and "followed" by the company, such as the "OECD Guidelines for Multinational Enterprises", the "UN Guiding Principles on Business and Human Rights", and the "Global Compact".

✅ Learn more about my nearly 24-year-long journey to reclaim and restore my name, honor, and reputation - which have been systematically undermined by Eni through ongoing retaliation, including three SLAPP-style lawsuits filed in Italy in 2010, 2017, and 2022, respectively: 

1) "Fully proven facts known to the Board of Directors of Eni";

2) "Chronology of Facts" (2001 to 2022).

Chief Legal Officer of Eni: Unanswered Questions!

Last week, something curious caught my attention: the Chief Legal Officer of the Italian oil giant Eni, Stefano Speroni, created a LinkedIn profile and, shortly after, accessed my profile.

Why does this matter? Because for a decade now, I have been actively publishing about my nearly 24-year-long battle to reclaim and restore my name, honor, and reputation, which have been systematically undermined by Eni since my unjust dismissal from its Brazilian subsidiary after I reported wrongdoing - strictly in line with the words and spirit of the company’s Code of Ethics.

Over all these years, I have reached out to five different compositions of the company's Board of Directors (in 2002, 2009, 2014, 2020, and 2023) under the leadership of three different CEOs: Vittorio Mincato, Paolo Scaroni, and Claudio Descalzi. Additionally, Mauro Meggiolaro, a critical shareholder of Eni, has brought my case forward for discussion in four Shareholders’ General Meetings (in 2017, 2018, 2020 and 2021). In the 2018, despite positioning itself as our "mediator", the company never agreed to participate in a "mediation meeting". Eni adopted a similar stance in 2020 when it took part in the Mediation Agency of Rome - following an order from a judge of the Civil Court in the Italian capital - and again in 2023 during the "Good Offices" offered by the Brazilian NCP in response to my complaint regarding Eni’s non-compliance with the OECD - OCDE Guidelines for Multinational Enterprises.

As if that were not enough, I am currently facing three lawsuits with clear SLAPP (Strategic Lawsuit Against Public Participation) characteristics, filed by Eni in 2010, 2017, and 2022 - two in the civil sphere and one in the criminal sphere. All of these cases are for alleged "defamation" and "slander".

The fact that Eni’s Chief Legal Officer created this profile and accessed mine is a clear indication that the Italian oil giant is well aware of the reputational impact of my exposure and the growing reach of my story. If the company truly honored the commitments it proclaims in its Code of Ethics and the international agreements it "claims" to "follow", it would not need to resort to systematic retaliation, including three hashtag#SLAPP lawsuits, in an attempt to discredit, intimidate, and silence me.

The truth may be uncomfortable, but it must be told!

Finally, some questions remain unanswered: Does the Chief Legal Officer’s visit to my LinkedIn profile have anything to do with my proposal for an amicable settlement - a request made by the company itself in November 2020 through the highest-ranking Italian authority in Brazil, the Italian Ambassador, which, incredibly, remains unanswered by Eni? Or is this a sign of yet another act of "new retaliation" that Eni is planning against me?

Time will tell… And you will hear about it here!

OPEN LETTER to the CEO UN Global Compact

Dear Mrs. Sanda Ojiambo,

The conduct of the UN Global Compact Integrity Department – in relation to my allegations of systematic and egregious abuses, against the Italian oil giant Eni (a “Global Compact LEAD” company), dated January 25, 2023, due to “attacks” on my name, honor, and reputation – directly violates the “Integrity Measures Policies” of the UN Global Compact.

This policy states that: “The Global Compact Office or a Local Network should only proactively raise a matter under the dialogue facilitation process where there has been an admission by an authorized company representative or a finding of guilt by a competent court or other body relating to a matter that meets the definition of systematic or egregious as set out in the Integrity Measures Policy and FAQs”.

Note that a competent court in Brazil handed down a sentence that: “there was a Code of Ethics at Eni, there were irregularities and illegal activities in the Brazilian subsidiary of Eni and which Mr. Flinto reported to the company's internal channels, as is imperative in the code itself”. Therefore, my role as a “whistleblower” was acknowledged and admitted, proven and declared by the Brazilian justice system.

However, during the AGM 2017, Eni's Board of Directors stated that: “Contrary to what Mr. Flinto believes [...] The former employee was dismissed along with other actors of illicit behavior, for reticence, for having violated the obligation of confidentiality and for trying to instrumentally use ENI's Code of Ethics to obtain personal advantages of the company”.

And, to give credibility to this fallacy, Eni stated at the AGM 2017 that the result of this investigation had been published in the “Eni 2002 Balance Sheet”. However, in this official company document, there is not a single line about me. And there couldn't be! And that’s because Eni never carried out “due diligence” into my case. Not even during the “Good Offices”, offered by the NCP Brazil, in the period from 2020 to 2022!? It's a behavior that disregarded and neglected the guidelines of the “OECD Due Diligence Guidance for Responsible Business Conduct” that Eni boasts to the market that it “accepts” and “follows”!?

In this sense, as my allegations against Eni are “fully proven” (see file) – including the documents transferred in 2022, under Brazilian legislation, by the state-owned Petrobras, a company that purchased Eni’s Brazilian assets in 2004 – the Global Compact Integrity Department needs to handle my case in accordance with the Integrity Measures Policy itself:

1. If an allegation of systematic or egregious abuse is found not to be prima facie frivolous, the Global Compact Office will contact the participating company concerned, requesting:

a) written comments, which should be submitted directly to the party raising the matter, with a copy to the Global Compact Office;

b) that the Global Compact Office be kept informed of any actions taken by the participating company to address the situation which is the subject matter of the allegation.

2. The Global Compact Office would be available to provide guidance and assistance, as necessary and appropriate, to the participating company concerned, in taking actions to remedy the situation that is the subject of the matter raised in order to align the actions of the company with its commitments to the Global Compact principles.

For all these reasons, I ask for your help, as CEO & Executive Director of the UN Global Compact, so that the largest global initiative for “Responsible Business Conduct” can honor its own “Integrity Measures Policy”, thus, safeguarding the reputation, integrity, and good efforts of the UN Global Compact and its participants in relation to transparent means to deal with credible allegations of systematic or egregious abuse of the general objectives and principles of the UN Global Compact.

I await your response with great expectation.

Best Regards.

Douglas Linares Flinto
Chairman & CEO
Brazilian Business Ethics Institute

 

Read more: 

a) Whistleblowing Report to the UN Global Pact against Eni 

Eni and the practices of ethics-washing

How is it possible for an Independent Non-executive Director, Lead Independent Director, and Chairman of the Control and Risk Committee of the Italian oil giant Eni to not fulfill the role of "Guardian of Ethics," neglecting and disregarding the commitments made by the company, not only the principles enshrined in Eni's Code of Ethics but, more importantly, the international commitments that the company proclaims to the market and its stakeholders that it "accepts" and "follows," such as the "OECD Guidelines for Multinational Enterprises", the "United Nations Guiding Principles on Business and Human Rights", and principles 01 and 02 of the Global Compact? 

Despite the facts presented by me being fully proven, Eni is insisting on not conducting the necessary "due diligence" of my case to finally demonstrate, after 23 long years, that I was "unfairly" dismissed in "retaliation" by the executives I had reported, including directors of Eni's Brazilian subsidiary.

Read more:

1) "Fully proven facts known to the Board of Directors of Eni"

2) "Chronology of Facts" (2001 to 2022)

Eni & ILO Convention 190

Dear Mrs. Maria Teresa Bellucci (Vice Minister of Labour of Italy),

Italy is one of the first nations to “ratify” Convention 190. Therefore, the provisions of Convention 190 are “binding”, meaning they are “mandatory” for the Italian government, which is the “controlling shareholder” of the Italian oil giant Eni.

Convention 190 also applies to employees and former employees. Moreover, we can assert that “retaliation” (such as unfair dismissal, failure to protect whistleblowers as mandated by the Code of Ethics, SLAPP suits, and attacks on honor and reputation) constitutes a form of “harassment”.

The files below contain facts and full proofs of practices contrary to ILO Convention 190 imposed by Eni over a span of 23 long years against me.

I would appreciate information on what steps I can take to ensure that the Italian government (and Eni) comply with what is stipulated in Convention 190 in my favor.

I await your response as soon as possible.

Best Regards.

Douglas Linares Flinto
Founder & CEO
Brazilian Business Ethics Institute

Read more:

1) "Fully proven facts known to the Board of Directors of Eni"

2) "Chronology of Facts" (2001 to 2022)

Eni & Whistleblowers

Are you an employee of the Italian oil giant? 

Are you thinking about complying with Eni's Code of Ethics and making a whistleblowing report? 

Be careful! I was also a whistleblower at the company's Brazilian subsidiary and, incredibly, I have been trying for almost 23 long years to recover and restore my name, honor, and reputation, which have been systematically tarnished by Eni. 

Therefore, I make the words of a song by Michael Jackson my own: 

"All I want to say is that they don't really care about us".

 

Eni & CSDDD

Wow! CSDDD will catch up with the Italian oil giant Eni! 

Will the company finally carry out "DueDiligence” on my case? 

Time will tell! 

Read more about "EU Corporate Sustainability Due Diligence Directive (CSDDD) in this LINK. 

Eni x CSDDD: due diligence on my case!

I have already been waiting for 22 long years, and if necessary, I will continue to wait until 2027 to demand from the Italian courts that Eni finally carry out due diligence on my case!

Read more:

1) "Fully proven facts known to the Board of Directors of Eni": 

2) "Chronology of Facts" (2001 to 2022): 

I’m the founder and CEO of the Brazilian Business Ethics Institute which, for over 20 years, has been promoting Ethics in Brazil in the business and student environment. In fact, we are the "only" institution in my country that promotes the topic of Business Ethics to students, the leaders of tomorrow's companies… And what drove me to found this institution? My story with the Italian oil giant Eni!

It's been more than 22 long years that I've tried to rescue and restore my name, honor and reputation that were destroyed by Eni.

In all these years, five different Boards of Directors, under the management of three different CEOs (2002, 2009, 2014, 2020 and 2023), were contacted by me. But Eni doesn't respond to my persistent messages!

Furthermore, a journalist and "critical shareholder" of the company took my case to be discussed at four Shareholders' Meetings (2017, 2019, 2020 and 2022), but, even though he positioned himself as our "mediator", Eni never agreed to participate in a "mediation meeting".

As if that wasn't more than enough, two other Italian journalists published my story in the first investigative book that told the "problems" in Eni's management for 25 years. The book, entitled "Eni: The Parallel State", became a bestseller in Italy in just a few months.

You can learn more details about this story of "David" against "Goliath" in the attached files that demonstrate Eni's "attacks" against me that are totally contrary to "corporate commitments" (such as the Code of Ethics and Eni’s Declaration on Human Rights) and the "international commitments" that Eni trumpets to the entire world that it "follows" and "accepts": "OECD Guidelines for Multinational Enterprises", "UN Guiding Principles on Business and Human Rights", and the UN Global Compact .

Despite the facts being fully proven, Eni never carried out "Due Diligence". Quite the opposite! The company's strategy, in addition to using the courts to punish me, as I am a defendant in three "SLAPP lawsuits", is: “systemic imposition of retaliations with attacks on my name, honor and reputation, and victimization instrumentally architected to exempt Eni from its own responsibilities".

I would like you to tell my story, not because this story is unique, but because it is not!

Read more:

1) "Justification of Mr. Douglas Flinto to the major shareholders of Eni - Addition of new item to the AGM 2023 Agenda (May 10, 2023)"

2) "Chronology of Facts" to describe the events between ENI and DLF from 2001 to 2022

Eni it doesn't do what it says!

In my case, in more than 22 long years, the Italian oil giant Eni never complied with the words and spirit of the Code of Ethics because it never protected the whistleblower, quite the opposite! The company has been unfairly attacking my name, honor and reputation. 

And what's even worse! Eni, disregarding and neglecting the international commitments that the company claims to the market to “accept” and “follow”, never carried out the necessary "due diligence" on my case, even though I had contacted "five" different Boards of Directors under the management of "three" different CEOs (2002 - Mr. Vittorio Mincato, 2009 - Mr. Paolo Scaroni and 2014, 2020, 2023 - Mr. Claudio Descalzi). 

Furthermore, Mr. Mauro Meggiolaro, a "critical shareholder" of Eni took my case to four shareholder meetings (2017, 2018, 2020 e 2021) and, even though he positioned himself as our "mediator", Eni never agreed to participate in a "mediation meeting". 

The company had similar conduct during the "Good Offices" offered by the NCP Brazil, disregarding and neglecting the guidelines of the "OECD Due Diligence Guidance for Responsible Business Conduct", and refusing to carry out "due diligence" and make a "reparation" consistent with the adverse impacts that were fully proven.

This is Eni's Way!

OECD WPRBC: Thank you very much for your help!

After requesting help from the Chair of the "OECD Working Party on Responsible Business Conduct" (Mrs. Christine Kaufmann), NCP Brazil removed a paragraph from the Final Declaration of the Special Instance nº 04/2020 - in which I appear as Submitter and, the Italian oil giant Eni, as Respondent - that presented a text (demonstrably) untrue and that attacked my name, my honor, and my reputation. However, there is still a long way to go before this Final Declaration is completely “reliable” with everything that was presented and proven by me to NCP Brazil.

That’s because, said document was written in a disorganized manner, difficult to understand and omitted several important facts - fully proven - which resulted in the decontextualization of a history of almost 22 long years, privileging the Submitter. As if that were not enough, the wording of this document evidences an active, haughty and defensive participation of the NCP Italy in favor of the Respondent, revealing a serious and questionable conflict of interest in this Specific Instance, given that the NCP Italy is part of the “direct public administration” of the Italian government, “controlling shareholder” of Respondent.

Therefore, I will continue to fight, with all legal means at my disposal, for this Final Declaration to be drafted again.

Open Letter to the Chair of the OECD WPRBC

Dear Mrs. Christine Kaufmann,

The first time I contacted you, as chair of the “OECD Working Party on Responsible Business Conduct” (WPRBC), was in May 2023. I informed you that the "Final Statement" of Specific Instance nº 04/2020, conducted by the NCP Brazil, was written, undoubtedly, in a disorganized manner, as well as difficult to understand and omitting several important facts that resulted in the decontextualization of a history of more than 22 long years, favoring the Italian oil giant Eni. Furthermore, this document highlights an active, proud, and defensive participation of the NCP Italy in favor of the “interests” of the Respondent, revealing a serious and questionable “conflict of interest” because the NCP Italy is part of the direct public administration of the Italian government, the “controlling shareholder” of the Respondent.

After just a week, I received your "response", stating that the WPRBC cannot interfere in the the NCP Brazil because the NCPs have “autonomy” in conducting Specific Instances.

I countered your response, claiming that this “autonomy” does not mean that the NCP Brazil can “neglect” its role granted by the OECD, conducting a Specific Instance “at its pleasure”, nor can it allow the NCP Brazil to publish a Final Statement that is not a “mirror” of everything that was manifested and fully proven by more than 100 documents (“depriving” the Submitter of obtaining “minimal” reparation), much less gives the right to the NCP Brazil to “harm” a Submitter.

In August 2023, I made new contact with WPRBC. On this occasion, I demonstrated and proved that the aforementioned Final Statement, by involving the “OECD Secretariat” itself, wrote paragraphs with “untrue content” that attack my honor and reputation, directly violating article 12 of the “Universal Declaration of Human Rights”, the “UN Guiding Principles on Business and Human Rights”,  and Principles 01 and 02 of the “UN Global Compact”.

Despite the seriousness of the fact, after 5 months, strangely, I still have not received any response from the WPRBC, much less the necessary “clarification” from the "OECD Secretariat" regarding the conduct of the NCP Brazil.

I hope to receive a response consistent with the seriousness of this issue, otherwise my disappointment with the NCP Brazil will turn into the certainty that the “OECD Guidelines” are only for multinational companies to gain reputational points with their Stakeholders as they boast to the whole world that they “follow” and “accept” the Guidelines. However, when “adverse impacts” are fully proven, these companies do not behave in accordance with the guidance in the “OECD Due Diligence Guide for Responsible Business Conduct”. And, as if that were not more than enough, these companies count on the invaluable help of the NCPs that cause even more damage and harm to the people affected by publishing a Final Statement that is not “reliable” to everything that was presented and proven by the Submitters.

Best Regards.

Douglas Linares Flinto
Founder & CEO Brazilian Business Ethics Institute &
Submitter of Specific Instance nª 04/2020 - NCP Brazil

Read more: 

1) E-mail May 15, 2022: New Eni's Board: "due diligence" of my case 

2) E-mail Sept. 11, 2022: New Eni's Board: Whistleblowing Report vs Human Rights 

3) Eni's Board: Request Douglas Flinto - Addition item to the agenda AGM 2023 Eni SpA

4) Chronology of Facts to describe the events between ENI and DLF from 2001 to 2022